A. Purpose: The development and execution of this ordinance is based upon the division of the community into districts within which the use of land and buildings and the bulk and location of buildings and structures are similar. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such conditional uses fall into two (2) categories:
1. Uses publicly operated or traditionally connected with a public interest.
2. Uses entirely private in character, but of such a nature that their operation may give rise to particular concerns with respect to their impact upon neighboring property or public facilities.
B. Authority: The village board shall render final decisions on all applications for a conditional use. The plan commission shall hold a public hearing, prepare findings of fact, and submit its recommendation to the village board for consideration. (Ord. 92-1855, 12-14-1992)
C. Initiation Of Conditional Use Application: Any person, firm, corporation, office, department, or other legal entity having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application with the consent of the property owner, to use such land for one or more of the conditional uses provided for in this ordinance in the zoning district in which the land is located. In the event a particular use is not listed as a conditional use in this ordinance, a person may file an application for a text amendment to the ordinance to add the use as a listed conditional use. In such cases, the text amendment application may be considered at the same time that a related conditional use application is being considered, but the matters shall be considered under separate public hearing proceedings and the board of trustees shall decide the text amendment application prior to the conditional use application. (Ord. 01-2167, 5-21-2001)
D. Application For Conditional Use: An application for a conditional use shall be filed with the village manager on an official, prescribed form. The application shall be accompanied by the following plans, data or information:
1. A statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in subsection G of this section.
2. A site plan of the proposed use identifying the location of all buildings and structures on the site; buildings, structures and pavement on adjacent property; open space; points of ingress/egress; the location of parking; property lines; easements; and scale, north arrow and date.
3. The existing use and zoning of land within two hundred feet (200') of the subject site.
4. A landscape plan showing all proposed and existing landscaping including berming, buffering and screening.
5. Estimated traffic generation of the proposed use.
6. Floor plans indicating the internal use of structures.
7. Architectural elevations.
8. An exterior lighting plan indicating the location of all lighting fixtures.
9. An accurate legal description of the subject property.
10. Other information as may be required by the plan commission.
Such application shall be forwarded from the village manager to the plan commission for review and recommendation to the village board. (Ord. 92-1855, 12-14-1992)
E. Public Hearing: The plan commission shall hold a public hearing conforming to state statutes for special uses on each application, at such time and place as shall be established by the plan commission, but within forty five (45) days of receipt of the completed application. Notice of the hearing shall be published not more than thirty (30) days nor less than fifteen (15) days before said hearing in one or more newspapers with a general circulation within the village. Notice will be sent as required by state statutes for special uses. Notice shall also be given by posting a sign on the property. The sign shall measure at least six (6) square feet and bear on its face the words "Zoning Application Pending" and a telephone number that can be called for additional information. The sign shall be issued to the applicant by the department of code enforcement for posting by the applicant. This sign shall be posted facing the street, not more than thirty (30) days nor less than fifteen (15) days before said hearing; and shall be removed from the property and returned to the department of code enforcement by the applicant following the conclusion of the hearing. (Ord. 99-2081, 4-26-1999)
F. Plan Commission Action: For each application for a conditional use, the plan commission shall, within thirty (30) days of the conclusion of the public hearing concerning such application, submit its written findings to the village board, including the stipulations of additional conditions, and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. Such additional conditions and guarantees shall be in the form of proposals to the village board which may accept, reject or modify such proposals as the village board deems appropriate.
G. Standards: No conditional use shall be recommended by the plan commission unless it finds:
1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;
2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located;
3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;
5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
6. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village of Western Springs; and
7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the plan commission and approved by the village board.
H. Conditions And Guarantees: Prior to the granting of any conditional use, the plan commission may recommend, such recommendations being advisory only and not binding, and the village board may stipulate such conditions, guarantees and restrictions, upon the establishment, location, construction, maintenance, and operation of the conditional use as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified above. In all cases in which conditional uses are granted, the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
I. Action By The Village Board:
1. The village board shall review and consider the recommendations of the plan commission, but the village board shall have the sole authority and responsibility to make final decisions on all petitions for conditional uses.
2. The village board shall not act upon a proposed conditional use until it receives a written report and recommendation from the plan commission on the proposed conditional use.
3. The village board may grant by ordinance, deny, amend the recommendation of the plan commission, or refer back to the plan commission for further study, any application for a conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary by the village board for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection G of this section.
4. In all cases where the village board permits the establishment of a conditional use, the terms of the relief granted shall be specifically set forth in the ordinance.
J. Effect Of Denial Of Conditional Uses: No application for a conditional use that has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new factual evidence, or a change in the conditions that would alter the concept or intent of the request including more than a fifteen percent (15%) modification in the density, height, land use, or building type, changes in road standards or alignment, or conditions which would have a positive effect on the surrounding property. New factual evidence or a change in conditions must be certified by the village manager. The village manager must find either new factual evidence or a change in conditions presented at the original public hearing, as well as a change in the site plan, before the village board could find cause and allow a new public hearing to be conducted.
K. Revocation:
1. In any case where a conditional use has not been established (or substantially under way) within one year from the date of granting thereof, then, without further action by the village board, the conditional use or authorization thereof shall be null and void.
2. A conditional use permit may be revoked if the conditional use as established or constructed on the site does not conform to the established conditions for approval. The village manager will be responsible for advising the village board of any violations and the village board may then authorize the plan commission to schedule a public hearing to consider revoking the conditional use permit. After conducting the public hearing, the plan commission shall then prepare a written report and recommendation to submit to the village board. Upon receipt of the plan commission's report, the village board shall then render a final judgment to rescind the conditional use permit and accompanying ordinance.
L. Expiration And Transferability: A conditional use approval shall be deemed to authorize only a particular conditional use and shall expire if the conditional use shall cease for more than twelve (12) months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged. (Ord. 92-1855, 12-14-1992)
M. Modification Or Intensification: Any modification or intensification of a conditional use that alters or changes the essential character or operation of the use or property in a way not intended at the time the conditional use was granted, or as subsequently amended, shall require a new conditional use permit. The property owner/operator or his authorized representative shall apply for such conditional use permit prior to any modification of the use or property. The department of code enforcement will review the proposed modification and shall provide to the village manager an opinion as to whether the proposed modification or intensification represents an alteration or change in the essential character or in the operation of the conditional use as approved. The operator of the conditional use shall provide the department of code enforcement with all the necessary information related to the conditional use in order for the department to provide said opinion to the village manager in preparation for the final determination by the village manager. In determining whether a proposed modification or intensification of a conditional use alters or changes the essential character or operation of the conditional use or the property in a way not intended at the time the conditional use was granted, or as subsequently amended, the village manager's decision shall be based on the following criteria: 1) the information and documents on file with the village relating to the approval of the original conditional use or any modification thereto; 2) the ordinance(s) approving the original conditional use or any modification thereto; 3) the information and documents relied upon by the department of code enforcement in preparing its opinion; 4) the scope and nature of the existing uses of the property; and 5) any additional information and documents relating to the proposed modification or intensification of the conditional use provided by the operator of the conditional use.
If the village manager determines that the proposed modification or intensification will not alter or change the essential character or operation of the original conditional use, as approved, a new conditional use permit shall not be required. (Ord. 01-2167, 5-21-2001)